North Dakota House approves transmission siting, toughens trafficking penalties; rejects preferred-shop, tractor and guard measures

BISMARCK, N.D. — The North Dakota House of Representatives on Jan. 30 approved a measure giving the state greater authority over siting of energy transmission lines and passed a bill imposing mandatory minimum sentences for human trafficking offenders, while rejecting proposals on preferred auto-repair shops, farm-tractor registration and a restriction on National Guard combat deployments.

The House passed House Bill 12 58, which would clarify that a state permit issued by the Public Service Commission for an electric transmission line in a designated corridor can preempt local land-use or zoning requirements and may, in limited circumstances, supersede some road-use-related provisions of a political subdivision’s ordinances. The bill passed on final reading, 86 yea to 7 nay.

Why it matters: supporters said the bill removes local barriers to building transmission lines the state deems critical, in part to support incoming data centers; opponents warned about local control and asked for safeguards on road-use compliance.

Representative Dee Anderson, the bill carrier, told the House the measure "will ensure the state has the authority to enable the development of critical transmission infrastructure." The Energy and Natural Resources Committee recommended amendments and, when so amended, a do-pass recommendation (11–0, with two members absent).

The chamber also approved House Bill 13 61, which creates mandatory minimum sentences for certain human trafficking offenses. The bill passed 70 yea to 23 nay. The new minimums described on the floor include a 40-year minimum for Class AA-level trafficking, a 15-year minimum for Class A, and a 7-year minimum for Class B offenses; floor debate focused on the tradeoffs between certainty of punishment and prosecutorial flexibility.

Representative Hoverson, speaking for supporters, said on the floor the state is confronting "a moral cancer" and argued a tougher sentencing scheme was needed. Representative Satterlund, among opponents, urged caution and said lawmakers should consider alternatives such as expanded victim services, better training for law enforcement and adding offenses to the state's existing 85% rule rather than imposing broad mandatory minimums. Representative Johnston, who supported the bill, said prosecutors retain charging options and that the measure provides greater certainty for victims.

Other floor action included:

- House Bill 12 99 (amendment to section 29-6-22 of the North Dakota Century Code regarding when a private person may break into a building to make an arrest): Passed 82 yea to 11 nay. The bill adds the phrase that the private person must "reasonably believe an individual inside is at imminent risk of serious bodily injury or death," narrowing circumstances that permit breaking into a building.

- House Bill 14 03 (designating Prisoner of War and Missing in Action Day as a state day of recognition): Passed unanimously, 93–0. Sponsors said the day would be a perpetual annual proclamation by the governor and not a paid or mandatory closure holiday.

Defeated measures included:

- House Bill 13 59 (prohibiting insurance companies from steering insureds toward preferred auto-repair shops and requiring insurers to inform insureds of their right to choose a repair shop): Failed 22 yea to 71 nay. The bill’s sponsor, Representative Casper, said the measure was intended to protect small body shops and clarify consumer rights; opponents, including Representative Johnson, argued preferred-shop arrangements reduce costs, provide guarantees and simplify claims handling.

- House Bill 14 21 (changes to farm tractor registration, permits for operation on divided highways, minimum speed requirements and an interstate speed increase to 80 mph in some sections): Failed (final tally read on the floor as 2 yea, 90 nay, 1 absent). The Transportation Committee recommended amendments and ultimately a do-not-pass position (14–0 recorded as recommending amendments and do-not-pass when amended).

- House Bill 12 89 (partial property tax exemption for residential property used for home care services for qualifying individuals): Failed 32 yea to 61 nay. Committee reporting included a fiscal note from the State Tax Commissioner indicating the fiscal impact could not be determined because the number of qualifying property owners is unknown; committee recommended do not pass (9–4 with one member absent).

Procedural and calendar actions: Representative Bosch moved and the House approved re-referrals of House Bill 12 33 to the Appropriations Committee and House Bill 13 79 to the Finance and Taxation Committee. Representative Greenite requested unanimous consent to withdraw House Bill 14 62; with no objections the bill was withdrawn.

Votes at a glance: (final floor tallies as recorded on the House floor) - HB 12 58 — Energy/transmission siting — Passed 86–7 - HB 13 61 — Mandatory minimums for human trafficking — Passed 70–23 - HB 12 99 — Citizen's-arrest/break-in standard — Passed 82–11 - HB 14 03 — POW/MIA recognition day — Passed 93–0 - HB 13 59 — Preferred auto-repair prohibition — Failed 22–71 - HB 14 21 — Farm-tractor registration and speed limits — Failed (tally read as 2–90–1) - HB 12 89 — Partial property tax exemption for home care providers — Failed 32–61 - HB 13 15 — Restricting National Guard overseas combat deployments unless Congress declares war — Failed 10–84 - Re-referrals/withdrawals: HB 12 33 re-referred to Appropriations; HB 13 79 re-referred to Finance & Taxation; HB 14 62 withdrawn.

What the House did not do: Several speakers emphasized implementation questions not resolved on the floor: fiscal impacts of the home-care property tax exemption were not determined, mechanics of how insurance disputes would be resolved under the preferred-shop bill were debated but not codified in the bill language, and opponents of the National Guard deployment restriction warned of potential federal funding or readiness consequences though no federal action was cited on the floor.

The House adjourned and scheduled floor work to resume the following day.